坦桑尼亚移动银行的法律和监管框架

IF 1.3 Q1 LAW
Abdallah Mrindoko Ally
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引用次数: 0

摘要

目的本文旨在评估坦桑尼亚移动银行的法律和监管框架。信息和通信技术的技术发展已经将手机从一个简单的通信设备转变为一种非常复杂的工具,人们可以进行各种数字交易和额外的操作,如浏览网页和阅读电子邮件。如此巨大的发展已经建立了移动银行制度。移动银行的诞生带来了前所未有的法律和制度挑战。它使电信监管机构和金融监管机构在业务中的传统角色变得复杂,并造成了需要弥合的法律空白。设计/方法/途径为了揭示法律差距并弥合这些差距,该研究采用了理论法律方法和比较研究,学习了国际法律文书以及其他司法管辖区的政策和法律的经验。本文评估了肯尼亚和菲律宾等外国司法管辖区的国际法律文书和法律框架的贡献。有必要制定一项具体的法律来监管移动银行业务,并将此类权力授予特定机构来处理监管问题。原创性/价值本文强调了制定新法律的重要性,这些法律将为数字经济中的金融包容性提供空间,并保护消费者免受金融风险的影响。它还打算在移动银行业的政策和立法发展中发挥催化剂和变革推动者的作用。它还将特别关注解决移动银行业的消费者权利、安全和风险问题。尽管坦桑尼亚的其他几位作者也在这一领域撰文,但他们并没有明确重点披露金融和通信部门融合造成的现有法律空白。因此,本文试图对坦桑尼亚移动银行业的立法发展进行广泛的讨论。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal and regulatory framework for mobile banking in Tanzania
Purpose This paper aims to assess the legal and regulatory framework for mobile banking (M-banking) in Tanzania. The technological development in information and communication technologies has converted a mobile phone from a simple communication device to a very complex instrument that allows people to perform various digital transactions and extra operations such as web browsing and email reading. Such tremendous developments have brought in place the regime of M-banking. The birth of M-banking has brought legal and institutional challenges that were not anticipated before. It has complicated the traditional role of the telecommunication regulator and financial regulator in the business and caused legal gaps that need to be bridged. Design/methodology/approach To disclose the legal gaps and bridge them, the study used doctrinal legal method and comparative study to learn the experience of international legal instruments and policies and laws of other jurisdictions. This paper has evaluated the contribution of international legal instruments and legal frameworks of foreign jurisdictions such as Kenya and the Philippines. Findings It has been revealed that the prevailing laws regulating M-banking in Tanzania do not adequately address and bridge the existing legal gaps. There is a need to enact a specific law regulating M-banking and confer such powers to a specific institution to deal with regulatory issues. Originality/value This paper stresses the importance of enacting new laws that will offer room for financial inclusion in the digital economy and protect consumers against financial risk. It also intends to act as a catalyst and change agent in policy and legislative development in the M-banking industry. It would also bring special attention to addressing consumer rights, security and risky issues surrounding the M-banking industry. Although several other authors in Tanzania have written in this area, they have not clearly focused on disclosing the existing legal gaps resulting from the convergence of the financial and communication sectors. This paper is therefore trying to offer an extensive discussion on the legislative development in the M-banking industry in Tanzania.
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来源期刊
CiteScore
3.90
自引率
6.70%
发文量
13
期刊介绍: The International Journal of Law and Management is a leading journal addressing all aspects of regulation and law as they impact on organisational development, operations and leadership. Organisations and their leaders operate in an increasingly complex world of emerging regulation across national and international boundaries. The International Journal of Law and Management seeks to acknowledge the dynamics of that environment and provide a platform for articles and contributions to stimulate scholarly debate in the development of law and practice. The International Journal of Law and Management seeks to present the latest research on policy, practice and theoretical perspectives and their impact on the development and leadership of organisations. Contributions of a multi-disciplinary nature are welcome. Coverage includes, but is not limited to: -Employment and industrial law- Corporate governance and social responsibility- Intellectual property- Corporate law and finance- Insolvency- Commercial law and consumer protection- Environmental law- Taxation- Competition law- Regulatory theory
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